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    UDATE - anyone with good knowledge of solicitors and "no win no fee" Risk assessment sheets...

    Ok, so I was envolved in a collision on last Sunday, police witnessed the whole thing and will prosecute the other driver for careless driving.

    Lots of damage to bike, lots of injuries to me etc etc.

    My insurance company referred me to solicitors who contacted me and sent me a lot of paper work to read and to sign etc.

    A lot of it makes no sense to me but I'm hoping someone can help me with the following "Conditional fee risk assessment sheet"

    I've attached to two pictures below, someone please explain what they mean?

    Also, I don't understand why there is a crossed for "no police details" (I provided full details of the police officers and their police station along with the crime ref number)

    And, "No witnesses" - Well, the police were the witnesses.

    and the second page, well. That means absolutely nothing to me.

    28 Comments

    Original Poster

    http://img15.imageshack.us/img15/6426/pic1oh.jpg

    and picture 2

    http://img827.imageshack.us/img827/2452/pic2ow.jpg
    Edited by: "mus_ne" 26th Mar 2011

    Original Poster

    oh another thing is, the police said (and I mentioned this to my insurance and the solicitors) that the police report will confirm that the third party was liable for the collision.

    And they also said that the police reports' word is final, no matter what the third party say...

    So I don't understand why it says "possible liability dispute"

    Write a covering letter with the form and basically put what you've just told us.

    It looks like it's been pre-completed, so not really sure what you'd have to actually action on the form.

    Again, write a letter saying you're unsure on what you'd have to complete, and that the form is inaccurate, as from what you've stated.

    The problem with using a solicitor appointed by your insurance company is that they may work for 'both sides', and so YOUR interests are not high on priority.

    xxxxxxxxxxxxxxxxxxxxxxx

    A conditional fee aggreement is standard practice, and just states that you pay NO FEE win or lose as long as you follow their advice. It just covers both parties. Nothing to worry about!
    Edited by moderator: "* indirect sp" 28th Mar 2011

    Banned

    If only someone would invented a device where you press certain buttons and get to speak to the people who sent the form to you

    whatsThePoint

    If only someone would invented a device where you press certain buttons … If only someone would invented a device where you press certain buttons and get to speak to the people who sent the form to you



    If only someone invented a device that eradicated sarcastic prats

    Your insurance company is selling your claim to that solicitor's firm but you're under no obligation to use that firm. I know a solicitor's that paid a friend of mine £400 for his claim on top of the whiplash etc.

    stewby

    If only someone invented a device that eradicated sarcastic prats



    if only someone invented a device that made u realise that internet = not serious business

    Banned

    norfolk_enchance

    The problem with using a solicitor appointed by your insurance company is … The problem with using a solicitor appointed by your insurance company is that they may work for 'both sides', and so YOUR interests are not high on priority.xxxxxxxxxxxxxxxA conditional fee aggreement is standard practice, and just states that you pay NO FEE win or lose as long as you follow their advice. It just covers both parties. Nothing to worry about!



    What do you mean by the bit in bold? Obviously the solicitors aren't representing the other party, and the more money they get, the more they take (probably), so i don't know what you mean by that?
    Edited by moderator: "*" 28th Mar 2011

    Banned

    whatsThePoint

    If only someone would invented a device where you press certain buttons … If only someone would invented a device where you press certain buttons and get to speak to the people who sent the form to you



    they possibly aren't open on a Saturday so maybe the OP just wondered if anyone on here could help?

    Banned

    whatsThePoint

    If only someone would invented a device where you press certain buttons … If only someone would invented a device where you press certain buttons and get to speak to the people who sent the form to you

    colinsunderland

    they possibly aren't open on a Saturday so maybe the OP just wondered if … they possibly aren't open on a Saturday so maybe the OP just wondered if anyone on here could help?







    Your both right, there's a fine line between humour and sarcasm and i'll do my best never to cross it again, oh wait...

    Original Poster

    whatsThePoint

    If only someone would invented a device where you press certain buttons … If only someone would invented a device where you press certain buttons and get to speak to the people who sent the form to you



    believe it or not, someone has invented such a device. Only thing is it's a weekend so the numbers I dial will reach unmanned offices, take your sarcastic comments somewhere else if you don't want to be of any help.

    Banned

    mus_ne

    believe it or not, someone has invented such a device. Only thing is it's … believe it or not, someone has invented such a device. Only thing is it's a weekend so the numbers I dial will reach unmanned offices, take your sarcastic comments somewhere else if you don't want to be of any help.



    Most are open on a sat morning at least, but your saying you lacked the ability to even try and people wonder why i'm mildly sacastic

    PS tell me more about this device you say has been invented?

    Its simple, the firm has used this scoring method to work out how much CFA uplift they will get/push for based on your claim. CFA uplift is basically the amount of money over and above your claim that will be paid directly to the solicitors firm (providing they win the case for you of course!). So if you have a claim payout of £10,000 and their agreed CFA uplift percentage is set at 10% then they would get 10% of £10,000 as well as you getting your full £10,000.
    This firm uses this scoring method to work out how much they will get and a score of 7 (as above) will net them 35%. They have tried to be cheeky and add points where they shouldnt be in order to get a higher percentage payout for themselves!
    If you remove the point gained from "no witness details" and "no police details" their share would drop to 30%. Hope this helps.
    Edited by: "dh058977" 27th Mar 2011

    BTW just to clear up the name of the form -
    "Conditional fee risk assessment sheet" means that this form helps them to work out how much their fee will be if/when they win (remember their fee is conditional on them winning your case). The more points you get on the form the more difficult your case is perceived to be, hence why the percentage of their fee rises.

    whatsThePoint

    Most are open on a sat morning at least, but your saying you lacked the … Most are open on a sat morning at least, but your saying you lacked the ability to even try and people wonder why i'm mildly sacasticPS tell me more about this device you say has been invented?



    Device, what device, I'll sleep outside a store for three days to get a device, must have one!

    Original Poster

    dh058977

    BTW just to clear up the name of the form - "Conditional fee risk … BTW just to clear up the name of the form - "Conditional fee risk assessment sheet" means that this form helps them to work out how much their fee will be if/when they win (remember their fee is conditional on them winning your case). The more points you get on the form the more difficult your case is perceived to be, hence why the percentage of their fee rises.



    Thanks so much buddy, I'll ring them first thing Monday to clear up the nonsense.

    The lady handling my claim told me that what ever I get for compensation etc will not be touched by the solicitors, apparently I get 100% of it.

    But I read in the form that they actually get a percentage of it and if I want that back I have to claim it of the TP's insurance? I will mention that to her too.

    They seem to be little cheeky *****

    You should still get 100% of your claim and they will get their fee on top of that. If they are taking their cut from you and then you have to try and claim it back I'd steer clear! Best to give them a call and see what they say. Make it clear to them that you understand the form and that it's not a fair representation of your claim. PM me if you need any further help mate.

    Original Poster

    dh058977

    You should still get 100% of your claim and they will get their fee on … You should still get 100% of your claim and they will get their fee on top of that. If they are taking their cut from you and then you have to try and claim it back I'd steer clear! Best to give them a call and see what they say. Make it clear to them that you understand the form and that it's not a fair representation of your claim. PM me if you need any further help mate.



    thank you so much mate

    colinsunderland

    What do you mean by the bit in bold? Obviously the solicitors aren't … What do you mean by the bit in bold? Obviously the solicitors aren't representing the other party, and the more money they get, the more they take (probably), so i don't know what you mean by that?



    So if both sides are insured by the same company, you don't think the best interest would be that of the insurance company, NOT the insured... HOW NIAIVE!!

    Don't forget that a lot of insurance companies are part of 1 single 'umbrella' company so you are not always sure if both sides use the same insurer or not.

    I would always reccommend using a solicitor independant of the insurance company.

    Banned

    norfolk_enchance

    So if both sides are insured by the same company, you don't think the … So if both sides are insured by the same company, you don't think the best interest would be that of the insurance company, NOT the insured... HOW NIAIVE!!Don't forget that a lot of insurance companies are part of 1 single 'umbrella' company so you are not always sure if both sides use the same insurer or not.I would always reccommend using a solicitor independant of the insurance company.



    Where is it even suggested that the same insurer has covered both drivers? And the solicitor couldn't work for both sides, they would have to appoint 2 seperate ones.

    Supermod

    norfolk_enchance

    So if both sides are insured by the same company, you don't think the … So if both sides are insured by the same company, you don't think the best interest would be that of the insurance company, NOT the insured... HOW NIAIVE!!Don't forget that a lot of insurance companies are part of 1 single 'umbrella' company so you are not always sure if both sides use the same insurer or not.I would always reccommend using a solicitor independant of the insurance company.



    Why do you think that a solicitor can act for Claimant and Defendant in these types of proceedings? They cannot for many reasons with the main one being a conflict of interest.

    This is just one example guys, plenty more on google if you look. Knowing someone with a good knowledge of the industry would also lead you to this conclusion!!

    Banned

    theres nothing in there to suggest that the solicitor may be working for you and the person you are claiming from.

    colinsunderland

    theres nothing in there to suggest that the solicitor may be working for … theres nothing in there to suggest that the solicitor may be working for you and the person you are claiming from.



    To be honest I think the OP has sorted his problem so there is no use still talking about it.

    Supermod

    norfolk_enchance

    To be honest I think the OP has sorted his problem so there is no use … To be honest I think the OP has sorted his problem so there is no use still talking about it.



    ...but you have said that a solicitor is able to act for both Claimant and Defendant. We have simply asked you to prove that this is correct.

    Original Poster


    I rung them up on Monday... they said it was a "mistake" and that they will remove the crosses and send me new paper work to sign.

    Banned

    norfolk_enchance

    To be honest I think the OP has sorted his problem so there is no use … To be honest I think the OP has sorted his problem so there is no use still talking about it.



    so in other words you were wrong and rather than admit it you just won't post again about it?
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